What do I do when my tenant abandons the unit and leaves property behind? -- (Posted by Landlord on the Forum Chat Room.)
 
This is an area of law that has been extensively legislated (meaning: it is confusing as heck and full of traps for landlords). The problem is simple: You can make a judgment that the tenant is gone for good (and has 'abandoned her property), and it may be a very reasonable judgment, but if you are wrong the tenant may have a cause of action for illegal eviction and be entitled to damages for the property you discarded. Massachusetts General Laws Chapter 186, Section 14 allows claims for actual damages or three month’s rent, whichever is greater, plus attorney’s fees. Oh yeah, and you might be fined $300 or imprisoned for up to three months. I won’t even talk about the potential penalties if the court decides your actions violated the consumer protection act, Chapter 93A. Now, hopefully, the housing court judge will not ruin you financially and toss you in jail for an honest mistake, but why take the chance?
 
Where the intentions of the tenant are not known, I recommend following the eviction process for non-payment of rent. The day after the rent is due, have a constable serve a notice to quit. (For $30, the constable will leave one copy on the door of the unit and mail another—and that is proper service.) Follow the steps for eviction, get an order for possession, and then have the constable take care of the abandoned property pursuant to Massachusetts General Law Chapter 239, Sections 3 and 4.
 
If the tenant leaves after giving notice, or if he or she leaves after a court order granting possession to the landlord and leaves property behind, you are on more stable ground.  Similarly, if you have investigated vigilantly, firmly believe the apartment is abandoned, you may want to gamble. In any of these cases, I recommend following the suggestions of Maribeth Perry, Esq. in her excellent book The Successful Landlord:
 
(1)  Collect any personal property and hold it for a minimum of 30 days in a secure location.  (I would also suggest taking pictures or video of everything left in the apartment, so there can be no false claims later by the former tenant.);
 
(2)  If any of the property seems valuable, monetarily or for sentimental reasons, keep it as long as you can; and
 
(3)  Dispose of any items that a reasonable person would consider trash.  (Again, if in doubt, save it or take a picture of it for your protection.)
 
Finally, I would make at least one reasonable effort to notify the former tenant that you have his property before throwing it out.  Perhaps a certified letter to the tenant (if you know the address) or to a friend or place of employment if you do not.  Hope all that helps.